Code:
Submission of Report to Magistrate Through Superior Officer
(1) Every report sent to a Magistrate under section 176 shall, if the State
Government so directs, be submitted through such superior officer of police as the State
Government, by general or special order, appoints in that behalf.
(2) Such superior officer may give such instructions to the officer in charge of the
police station as he thinks fit, and shall, after recording such instructions on such report,
transmit the same without delay to the Magistrate.
Explanation
Section 176 of the BNSS outlines the procedure for submitting a report to a Magistrate. If directed by the State Government, the report must go through a superior officer appointed by the State. This superior officer is empowered to give instructions to the police officer in charge of the station and ensure that the report reaches the Magistrate promptly, after recording the instructions.
Illustration
Example 1: Submission of a Report via Superior Officer
A police officer submits a report to a Magistrate under Section 176. However, the State Government has directed that the report be submitted through a superior officer. The superior officer reviews and gives instructions to the officer in charge before transmitting the report to the Magistrate.
Example 2: Superior Officer’s Role
The superior officer provides instructions on how the police officer should proceed with the case, records these instructions on the report, and ensures that the report is sent to the Magistrate without unnecessary delay.
Common Questions and Answers on Section 176 BNSS
1. When is the superior officer required to be involved in submitting a report?
- Answer: The involvement of the superior officer is required if the State Government directs that reports be submitted through them, as per Section 176 of the BNSS.
2. Can the superior officer give instructions to the officer in charge of the police station?
- Answer: Yes, the superior officer can give instructions on how to handle the report and must record those instructions on the report before it is submitted to the Magistrate.
3. What happens if the superior officer does not submit the report promptly?
- Answer: The superior officer is required to transmit the report to the Magistrate without delay, ensuring timely legal proceedings.
Conclusion
Section 176 of the BNSS ensures a structured and accountable process for submitting reports to a Magistrate. The requirement for the involvement of a superior officer provides an added layer of oversight, ensuring that the report is handled correctly and with the necessary instructions, leading to efficient legal proceedings.
